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Terms & Conditions

Website and Services Terms and Conditions

Effective as of: 31 August 2018
Date last updated: 31 August 2018

    1. Acceptance of Terms and Conditions
      1. These Terms and Conditions apply to the use of the Doggone website (“the website”) and the services outlined in clause 1.4.  In accessing, using or browsing the website at any time, you agree to be bound by these Terms and Conditions and the Doggone Privacy Policy (including any subsequent amendments). Doggone’s Privacy Policy can be found here.
      2. You represent, acknowledge and agree that you are at least 18 years of age or that you have your parent or legal guardian’s permission to agree to these Terms and Conditions.
      3. Doggone reserves the right to review and amend these Terms and Conditions at any time.  Amendments will be effective immediately and Doggone has no obligation to notify you of such amendments.  Your continued use of the website following any amendments shall be deemed to be your acceptance of those amendments.  You should check the Terms and Conditions for amendments each time you visit the website.
      4. The services offered by Doggone include the website, App, and any other content, features or applications offered from time to time by Doggone in connection with the website and its products including but not limited to the Doggone hardware, Virtual ID & App, and the provision of information in conjunction with those Doggone products (“the services”).
    2. Registration and use of the Website and the Services
      1. To access the services, you must complete and pay the required fees for the annual dog registration process with your local Council.
      2. You are solely responsible for all information contained in the Virtual ID profile including your passwords and other information you provide to Doggone (“your personal information”), and for keeping your passwords and other registration information confidential.
      3. You agree to notify Doggone as soon as you become aware of any unauthorised use of your personal information.
      4. You agree that you will provide true, accurate, current and complete information about yourself as required on the website and to maintain and promptly update Virtual ID profile information to keep it true, accurate, current and complete. Doggone accepts no responsibility for any losses incurred as a result of any untrue, inaccurate, out of date or incomplete information being provided by you.
      5. The Doggone Privacy Policy is available on the website. It is your responsibility to make yourself familiar with this.
      6. In accessing the website and using the services, you agree:
        1. Not to attempt to modify; to modify; or to alter the website, its content, or any of the services;
        2. Not to use the website or the services outside the permitted or intended uses described by Doggone; and
        3. To take reasonable care of the website and the services including, but not limited to avoiding abnormal or abusive use of the services; and avoiding exposing the services to extreme thermal or environmental conditions.
    3. Intellectual Property Rights
      1. The website and its content (including without limitation the Doggone brand, website design, text, graphics and all software and source codes connected with the website and the services) are protected by copyright, trademarks, patents and other intellectual property rights and laws.  In accessing the website and using the services you agree that you will access the contents solely for your personal, non-commercial use.  None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Doggone.  This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
      2. The Doggone services are protected by copyright, trademark, patents and other intellectual property rights and laws. In using the Doggone services, you agree that you will do so solely for personal, non-commercial use. None of the services can be copied, reproduced, transmitted, sold or distributed without the prior consent of Doggone.
    4. Guaranties, Warranties, and Limitation of Liability
      1. Certain legislation in New Zealand may provide consumer guarantees or impose obligations on Doggone which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation New Zealand consumer law such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
      2. Doggone gives a warranty to your Council against defects in materials and workmanship under normal use for 365 days from date of purchase by the Council.  In the event that a Doggone dog tag is faulty through no fault of your own, the dog tag should be returned to your Council for a replacement dog tag and doggone will provide your Council with a replacement dog tag, when it receives the faulty dog tag.
      3. Doggone is not liable for any damage arising from failure to follow instructions in relation to the dog tag’s use or using the dog tag outside its permitted use (see safety precautions and instructions on website); damage caused by accident, abuse, lack of care, or any external cause; or damage caused by normal wear and tear.
      4. Subject to clauses 4.1 and 4.2 above, Doggone will not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, incurred by you or any third party through the use of the services or your reliance on information on this website or for any modification, suspension, interruption or discontinuance of the services for any reason whatsoever, including but not limited to circumstances outside the control of Doggone, including without limitation power outages, acts of god, fire, earthquake, strikes, lockouts, acts of war, epidemics, compliance with a law or governmental order or monetary or economic developments which prevent Doggone from continuing to provide the services.
      5. Doggone endeavours to ensure that the information on the website is current, accurate and complete but it does not guarantee this.  Site users are solely responsible for their actions based on the content in, or content accessed through, the website.  If you wish to rely upon or verify any content of the website, please contact Doggone.
      6. In using the website, you accept any associated risk.
    5. User indemnification of Doggone
      1. You agree to indemnify and hold Doggone and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Doggone by any third party arising out of your use of the services and/or any content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Doggone in consequence of your breach of these Terms and Conditions.
      2. If you create a link to any page on this website, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will indemnify Doggone against all loss, damage, liability, costs or expense arising from or in connection with the link.
    6. Content and Warranty Disclaimer
      1. Subject to clauses 4.1 and 4.2 above, use of the website, and the services is at your own risk.  The website and the services are provided on an “as is” and “as available” basis without any kind of warranty, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy.
      2. Subject to clause 4.1 and 4.2 above, Doggone does not warrant that the use of its website and the services will be uninterrupted, available at any time or from a location, secure or error-free, that defects will be corrected or that the website is free of viruses or other potentially harmful components.
    7. Third Parties
      1. This site may contain links to third party sites or applications. Access to any other Internet Site or application is at your own risk and Doggone accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. Doggone provides these links merely as a convenience and this does not imply an endorsement by Doggone.
    8. Termination
      1. Doggone may terminate access to the website and the services at any time without notice, for any reason in its absolute discretion, including without limitation, breach of these Terms and Conditions. Any disclaimer will nevertheless survive such termination.
      2. You acknowledge that in the event of termination in terms of Clause 8.1, Doggone will be under no obligation to make a refund of your dog registration fees.
    9. Governing Law
      1. This website and its use are governed by the laws of New Zealand.  Any matters or disputes connected with this website shall be governed by the laws of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.
    10. Dispute Resolution
      1. If a dispute arises between you and Doggone, you should first attempt to resolve it by contacting Doggone directly. Doggone will attempt in good faith to resolve all claims within 30 days of receipt.
    11. Additional terms of use
      1. Certain areas of the website may be subject to additional terms of use, all of which are incorporated by reference into the Terms and Conditions.  You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
    12. General
      1. You must not assign or otherwise transfer any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Doggone.
      2. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
      3. No failure or delay on Doggone’s part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
      4. References to any statutory provision include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.
      5. In respect of non-Consumer products, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply to these Terms and Conditions.